HomeMy WebLinkAbout2019-06-06 - Jane Nelson - Stormwater CovenantsThad L. Duvall, Auditor, Douglas County, WA
Recorded 06/10/2019 01:46:45PM, COVEN Page:
CITY OF EAST WENATCHEE
AFN # 3221167
1 of 9 $107.00
When Recorded Please Return to:
Maria Holman, City Clerk
City of East Wenatchee
271 9th Street NE
East Wenatchee, WA 98802
The information contained in this boxed section is for recording purposes only in accordance with RCW 36.18 and RCW 65.04,
and is not to be relied upon for any other purposes, and shall not affect the intent of or any warranty contained in the document
itself.
Document Title: Declaration of Storm Water System Treatment Facility Maintenance Restrictions and Covenants
Reference Number of Documents Released: A/ f }
Reference Numbers of Related Documents: /V A
Grantor: _ JANE NELSON, LLC
Grantee: City of East Wenatchee
Legal Description (Abbreviated): L15 and ptn L16, East Wenatchee Land Company's Plat, S14, T22N, R20, EWM,
Douglas County, WA.
Parcel Number(s): 04300001501 04300001601 04400001512.04400001612
DECLARATION OF STORM WATER SYSTEM TREATMENT FACILITY
MAINTENANCE RESTRICTIONS AND COVENANTS
Grantors declare and covenant as follows:
1. Grantors incorporate all exhibits attached to this Declaration by reference.
2. The City of East Wenatchee is the beneficiary of all conditions and restrictions set forth
in this Declaration.
3. Grantors own real property located at 200 lst STREET S.E., East Wenatchee,
Washington. The legal description of the property is set forth in the attached Exhibit A.
4. In relation to the property, Grantors have completed work associated with the project
identified as East Wenatchee File # BP 2342
As a condition of development, Grantors have designed and constructed a private storm
water drainage system ("System") to serve the real property. To ensure the System
functions as designed, the design engineer has prepared an operation and maintenance
manual (attached as Exhibit B) in accordance with the requirements of the East
Wenatchee Municipal Code.
6. Likewise, to ensure the System functions as designed, Grantors are perpetually
responsible for the maintenance and repair of the System.
7. Grantors will inspect, maintain, and repair the System in accordance with the
requirements of the East Wenatchee Municipal Code, with the operation and
maintenance manual, and with the plans that are attached as Exhibit B.
The Grantors shall not reduce, expand or otherwise modify the design or operation of
the System without first obtaining review by and written approval from the City of East
Wenatchee
9. Grantors shall maintain the records of the installation of the System. Likewise, Grantors
shall make records of all maintenance and repairs done on the System. Grantors shall
retain these records for at least five years. Grantors agree to submit copies of these
records to the City by December 1 of each year. Grantors will also make these records
Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015)
Page 1 of 9
Thad L. Duvall, Auditor, Douglas County, WA
Recorded 06/10/2019 01:46:45PM, COVEN Page:
CITY OF EAST WENATCHEE
AFN # 3221167
2 of 9 $107.00
available to the City within five day upon receiving a written request from the City or
any other agency having jurisdiction.
10. If the Grantors receive prior, written approval from the City to subdivide the property,
Grantors agree to implement a long-term funding mechanism to support the continued
inspection, maintenance, and repair of the System. The Grantors shall implement such a
funding mechanism by creating an Owner's Association by further declarations and
covenants binding upon the real property, binding upon all subdivided lots, and binding
upon any purchasers of a subdivided lot, and binding upon Grantors' successors and
assigns.
11. To inspect the condition of the System, the City has the right to enter the real property at
reasonable times and with reasonable notice. The Grantors agree to fully comply with all
written notices of corrective action issued by the City or by any agency with jurisdiction.
12. If the Grantors fail to fully and timely comply as required by a written notice of
corrective action, then the City, or any agency with jurisdiction, may enter the real
property to perform all work necessary to bring the System into compliance with these
Covenants. The Grantors agree to pay all costs and expenses incurred by the City, or any
agency with jurisdiction, for such repairs and maintenance. These costs include, but are
not limited to: the cost of personnel or contractors, the cost of equipment, the cost of any
design and engineering, and the cost of materials. The City will bill Grantors for all
costs associated with any remedial work done by the City. Measured from the time the
remedial work is completed, the City will charge interest (as allowed by law) and will
place a lien on the property for any unpaid costs.
13. Grantors waive any and all claims for damages against the City arising from the design,
construction, inspection, repair and/or maintenance of the System.
14. Grantors agree to indemnify, defend and hold harmless the City from any and all claims
arising from the design, construction, inspection, repair or maintenance of the System.
15. Unless Grantors receive prior, written approval from the City, the Grantors may not
amend or modify the restrictions and conditions set forth in this Declaration.
16. If one of the parties initiates legal action to enforce the terms of this Declaration, each
party shall bear its own costs, attorney's fees, expert fees, and other fees.
17. The law of the State of Washington governs the interpretation and enforcement of this
Declaration. Any dispute regarding the interpretation or enforcement of this Declaration
shall by resolved by the Douglas County Superior Court.
18. The conditions and restrictions contained in this Declaration, along with the City's right
to enforce them, are covenants that run with the real property in perpetuity. Accordingly,
the conditions and restriction contained in this Declaration apply and are forever binding
upon Grantors, heirs, executors, administrators, subsequent purchasers, grantees, or
assigns.
19. If the Douglas County Superior Court determines that any provision of this Declaration
is illegal, invalid or unenforceable, the remaining provisions of the Declaration will
remain in full force and effect
Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015)
Page 2 of 9
Thad L. Duvall, Auditor, Douglas County, WA
Recorded 06/10/2019 01:46:45PM, COVEN Page:
CITY OF EAST WENATCHEE
AFN # 3221167
3 of 9 $107.00
Grantee -EITY OF EAST WENATCHEE
C. Lacy,
Grant
Date:
ATTEST:,
%'1ya, cf l7La4z -d`j
Maria Holman, City Clerk
n10—
Date: June- 1a, 2019
CERTIFICATE f OFACKNOWLEDGMENT
State of a S n ( ri 6A(-)" }
} SS.
County of I� O «6v (G s }
On this day personally appeared before me to me known to be the
individual, or individuals described in and who executed a within and foregoing
instrument, and acknowledged to me that he/she/they signed the same as his/her/their free
and voluntary act and deed, for the uses and purposes therein mentioned. Given under my
hand and official seal this —1� day of (Lpu O �.
By: M OA 01A
Notary P blic residing at J1 .
My Appointment Expires: b 2L 1 j 10 1
CERTIFICATE OF. A CKNOWLEDGMENT
State of }
} SS.
County of }
On this day personally appeared before me to me known to be the
individual, or individuals described in and who executed the withi and foregoing
instrument, and acknowledged to me that he/she/they signed the same as his/her/their free
and voluntary act and deed, for the uses and pur oses therein mentioned. Given under my
hand and official seal this day of ao /
By: (,OAO -r-�
Notary Public residing at
My Appointment Expires: - - �)= 6 .
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NOTARY Pusuc •
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" DUNE 22.2021 ;
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Declaration ofStorm Water System Restrictions and Covenants (Ver 7/30/2015)
Page 3 of 9
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3221167
Recorded 06/10/2019 01:46:45PM, COVEN Page: 4 of 9 $107.00
CITY OF EAST WENATCHEE
Exhibit A
Legal Description
Lot 15 and the West third of Lot 16, East Wenatchee Land Company's Plat of Section 14, Township 22
North, Range 20, E.W.M., Douglas County, Washington, according to the plat thereof recorded in Volume
A of Plats, Page 192,
EXCEPT the West 350 feet of said Lot 15,
AND EXCEPT the North 180.4 feet of said premises,
AND EXCEPT the East 198 feet of the West third of Lot 16,
AND EXCEPT beginning at the Southeast corner of the West third of said Lot 16; thence West on the
South line of said Lot 16, 198 feet to the Point of Beginning; thence West along the South line of Lots 16
and 15, 198 feet; thence North parallel with the East line of said Lot 15, 134 feet; thence East parallel with
South line of Lots 15 and 16, 198 feet; thence South to the Point of Beginning,
AND EXCEPT beginning at a point on the South line of said Lot 15, which is 396 feet Westerly of the
Southeast corner of the West third of Lot 16 of said plat; thence Northerly parallel with the East line of
said Lot 15, a distance of 165 feet; thence Westerly, parallel with the South line of said lot, 100 feet;
thence Southerly parallel with the East line of said Lot 15, a distance of 165 feet to the South line of said
lot; thence Easterly along said South line 100 feet to the Point of Beginning,
AND EXCEPT beginning at a point on the South line of aforesaid Lot 15, which is 496 feet Westerly of the
Southeast corner of the West third of Lot 16 of said plat; thence Northerly parallel with the East line of
said Lot 15 for 165 feet; thence Westerly, parallel with the South line of said Lot 15, to a point which is
350 feet East of the Westerly line of said Lot 15; thence South parallel with said Westerly line of said Lot
15, a distance of 165 feet to the South line thereof; thence Easterly along said South line thereof to the
Point of Beginning,
AND EXCEPT that portion conveyed to Douglas County for road purposes by deeds recorded April 5,
1955, and April 14, 1966, under Auditor's File Number's 118595 and 145383, respectively.
Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015)
Page 4 of 9
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3221167
Recorded 06/10/2019 01:46:45PM, COVEN Page: 5 of 9 $107.00
CITY OF EAST WENATCHEE
Exhibit B
Operations and Maintenance Manual
Stormwater Operations and Maintenance
Wenatchee Kennel Club
City of East Wenatchee, Washington
June 2019
This document is intended to provide guidance to ensure that the private on -site stormwater systems remains
operational. The inspection, maintenance, and repair of the system components are the responsibility of the
property Owner/Manager.
Stormwater System Components
• General Site Grading —Sheet Flow to Stormwater Detention Pond.
• Stormwater Conveyance Swales.
• Stormwater Detention Pond.
Inspection Tasks and Schedule
Minimally, these components should be inspected annually and after each major storm event. Inspections
should be based upon this manual as well as the criteria from the Stormwater Management Manual for
Eastern Washington (SV&IMEW), as applicable. Contact the East Wenatchee Public Works Department or
the engineer of record on this project for assistance. Each of the above -listed components should be checked
and a written record of the inspections shall be kept by the Property Owner/Manager.
Maintenance Schedule and Tasks
Damaged or nonfunctioning components shall be repaired as quickly as possible. The size, placement, and
arrangement of stormwater components are not be altered without written approval from the City of East
Wenatchee.
Recommended Maintenance Criteria
Below are general guidelines for maintaining the above listed stormwater system components. For the last
item listed, the Stormwater Detention Pond, guidelines for its maintenance are referenced and attached to
this document and have been taken directly from the SWMMEW. The latter provides guidance for a number
of stormwater management devices, called best management practices (BMPs). These are intended as
guidance tools for inspection and maintenance and not necessarily to provide specific instructions.
OPERATIONS AND MAINAINCE GUIDLINES
General Site Grading —Sheet Flow to Stormwater Detention Pond
The site design includes general grading that will allow portions of the site to convey stormwater to the on -
site stormwater detention pond by surface sheet flow. No maintenance associated with site grading should be
required. However, if landscape improvements in the future should impact the surface grading, the
Owner/Manager of the site should make sure adjustments are made to ensure that all stormwater sheet flow
reaches the detention pond (located at the southwest corner of the site).
Stormwater Conveyance Swales
There are two stormwater conveyance swales that are intended to convey concentrated stormwater flow to
the detention pond; one conveys flow from the parking lot, the other from the east and south sides of the
building. These are intended to be grass lined swales. The only maintenance required is to ensure that the
grass remains viable and is cut as needed. These are assumed to be native type grasses but could also be turf -
Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015)
Page 5 of 9
Thad L. Duvall, Auditor, Douglas County, WA
Recorded 06/10/2019 01:46:45PM, COVEN Page:
CITY OF EAST WENATCHEE
AFN # 3221167
6 of 9 $107.00
type grass. Care should be taken to ensure no large weeds or "volunteer" trees or bushes take root within the
swales.
Stormwater Detention Pond
The SWMMEW contains a best management practice (BMP) for maintenance of a Stormwater Detention
Pond. See an attached copy of Table 6.15 Maintenance Criteria for Detention Ponds (2 pages) and is
considered part of this manual by reference.
Drainage Plan
See the attached Sheet C-4.0 taken from the project Civil Engineering Plans for the original project. This
sheet shows all of the drainage related improvements, including the swales and the stormwater detention
pond pertaining to the Wenatchee Kennel Club project.
Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015)
Page 6 of 9
Thad L. Duvall, Auditor, Douglas County, WA
Recorded 06/10/2019 01:46:45PM, COVEN Page:
CITY OF EAST WENATCHEE
AFN # 3221167
7 of 9 $107.00
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Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015)
Page 7 of 9
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3221167
Recorded 06/10/2019 01:46:45PM, COVEN Page: 8 of 9 $107.00
CITY OF EAST WENATCHEE
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Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015)
Page 8 of 9
Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3221167
Recorded 06/10/2019 01:46:45PM, COVEN Page: 9 of 9 $107.00
CITY OF EAST WENATCHEE
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